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Country Discussion Topics
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Legal help please!
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tim in pa    Posted 10-27-2004 at 08:46:06       [Reply]  [Send Email]
i would appreciate any advice this fine board can offer on this land subject. i own about 50 acres in pa, and every single adjacet neighbor mows the grass past their propery line onto my property by some amount. my worry is this, can they take legal action at some time and claim this mowed area as their land? is their a time requirement? i never gave them permission to cross the property line, but i never told them not to either (was trying to be neighborly). what should i do to prevent any problems? i think one neighbor would do something as low as this!


oslo in nc    Posted 10-28-2004 at 13:43:58       [Reply]  [Send Email]
Tim, I'm not an attorney, so take this for what it's worth. If you are paying the property taxes you should be ok. Just don't let anyone make a road or drive on the land. You can negate their grass cutting if you take your lawn mower and cut your land and have a picture taken.

The best advice that I can give you is for you to get an attorney and settle this matter legally. Before you go to the attorney get the full names of all the neighbors that adjoin your property.
For your own peace of mind this is how you should handle. A good neighbor will understand and a bad neighbor, well it won't matter much what you do. But, you must protect yourself, no one else is. hth

Paul D.


Punchie    Posted 10-28-2004 at 04:32:03       [Reply]  [Send Email]
Had a neighbor that sold her land 45 + acre. new owner said he thinks that garge is on his ground . It was by 40 feet or so. Law in PA is that if you do anything on that other person ground he owns it. Now if you would write a legal letter and ask him to do something like remove pay etc. And after 7 years you do nothing more and they have the letter. It is now there's. But from what I understand you have to start legal action. So if you do nothing it is yours. I would lay something down on the ground like posts or logs plant a heage row. Ask them about it try to be neighborly get along nothing worse than bad neighbors.

Teddy


Maggie/TX    Posted 10-27-2004 at 16:52:13       [Reply]  [No Email]
I would have never thought of trying to take a neighbors land by mowing it! The way I was raised, my Daddy used to mow over the line onto the neighbor's yard by one mower width and when they mowed they would usually do the same. That was called being good neighbors. Daddy always said it's good to do just a little bit more than you have to if you want to be a good neighbor. Maybe your neighbors were raised that way too?

If you have neighbors you don't trust, it's best to put up a fence.


BOSS    Posted 10-27-2004 at 15:47:41       [Reply]  [No Email]
Here in Michigan, they can mow your yard forever and its still your land.



tim in pa    Posted 10-27-2004 at 13:21:35       [Reply]  [Send Email]
no problem with the lines. worst neighbor (one i worry about most) has planted a row of shrubs/trees right on the line, and mows 3 swaths with a rider on my side. another neighbor mows in about 30' x 70', and another mows a little more yet. the line goes straight across the backs of their properties, they know.


*    Posted 10-27-2004 at 13:23:55       [Reply]  [No Email]
time for a fence


JoeK    Posted 10-27-2004 at 12:23:49       [Reply]  [No Email]
My first thought is"how far" and is there any kind of markers,posts at corners,anything physically present to define the line?I do a lot of mowing and its often difficult to determine just where to stop unless the line is defined in some way or by asking the owner.There may be no intent here to defraud you,but simply a misunderstanding as to the exact line.Ie:one of my neighbors and my property line is "roughly" defined by overhead phone lines,the poles of which are on the lot corners.Depending who"mows first" we both normally mow a swath or so beyond the wires.Never has been ANY concerns as to EXACT line in 20yrs and if there should be the municipal surveyer would mark the exact line if needed...Just putting forth a different viewpoint here as often we are too quick to jump to the conclusion that we are being wronged,when a conversation with the "offender" over a cuppa may resolve the whole issue instantly.A lot of Attys promote this paranoia because it's makes them EZ $$ when in reality NO atty is needed in
"most" cases. (Just my opinions)


slim    Posted 10-27-2004 at 11:12:11       [Reply]  [No Email]
It was explained to me that the 7 years starts following a sale of the property. For instance if there are no other current claims on the land when you buy it you are safe for 7 years. So the way to keep down on claims it to have the property sell every 5 to 6 years. The best and cheapest way to do this is to not pay your taxes on the year you desire a sale. When your property comes up for tax sale you buy it back for the taxes. You have the first option. I would definitely consult a lawyer before I tried something like this. Also I'm sure there are risks associated with this.

FWIW

slim


big fred    Posted 10-27-2004 at 10:33:35       [Reply]  [No Email]
In most states, the use has to be "open and notorious and without permission" before they can take your land by adverse possession. In other words, they aren't hiding what they are doing and you haven't asked them to do it or given them permission. If you send them a letter granting them permission, they can't take it. Check your state law, though.


fritz    Posted 10-27-2004 at 10:50:29       [Reply]  [No Email]
I think another big concern would be liabilty when mowing on your property. Hate to bite the hand that feeds you but.


Ron/PA    Posted 10-27-2004 at 10:20:12       [Reply]  [No Email]
Tim, we had the same problem and here's what our Attorney did.
We sent RRR, registerd letter, as well as general 1st class copies, to each neighbor. It stated that although we had no objection to them using, and mowing our property, they had no permission to do so, and no amount of continued use would constitute a claim on their part to any property within our surveyed boundries. All of them contacted me, and were amazed at the gist of the letter, I explained to them PA.'s law, and they all gave me written agreement NOT to pursue any action, due to their unauthorized use of OUR property.
Lawyer is happy so I guess I am.
Ron/PA


Alias    Posted 10-27-2004 at 09:29:16       [Reply]  [No Email]
Send those neighbors a registered letter which informs them to cease running their equipment over your land. explain to them you are planting trees there and if they damage or kill the trees you will sue for damages.

Or, you could inform them that you appreciate their help and whenever you can you will mow their land as repayment. Also tell them that in some future year you may try to claim their land through adverse possession.

Now, what you really should do is buy a few medal stakes and drive them in on or near the property line making sure not to cross the line. Then hang some no trespassing signs and take lots of photographs..........gfp


Texas    Posted 10-27-2004 at 08:55:04       [Reply]  [No Email]
Not sure about PA...but some states have adverse possession law. If you neighbor maintains it and uses it as his own, after several years (7 or 10) its his.

In Texas you can simply paint a purple spot on a tree or single post to declare property line and no trespassing.


MW/Ks    Posted 10-27-2004 at 09:30:57       [Reply]  [No Email]
Round here,purple on a fence post or telephone pole means keep offn my land.A red light on some old girl's porch means....well...

Mark in Kansas


purple?    Posted 10-27-2004 at 08:58:13       [Reply]  [No Email]
thats odd to me. here propertys are marked in white on trees. white is cheap.

mud


mud    Posted 10-27-2004 at 08:49:03       [Reply]  [No Email]
can't say.

always heard that good fences make good neighbors, dont know that either. my neighbors cows get out all the time and i count him a close to a friend as anybody i ever knowed. good luck. i am sure a legal beagle here some where will share his thought.

mud


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